Opinion
No. 05-17-00290-CV
04-25-2017
IN THE INTEREST OF D.O.P. AND S.J.P., CHILDREN
On Appeal from the 366th Judicial District Court Collin County, Texas
Trial Court Cause No. 366-55477-2015
MEMORANDUM OPINION
Before Justices Lang, Myers, and Stoddart
Opinion by Justice Lang
Before the Court is appellee's April 11, 2017 motion to dismiss the appeal. Appellee contends this Court lacks jurisdiction over this appeal because appellant failed to timely file a notice of appeal. Appellant did not file a response to appellee's motion.
When a party files a timely post-judgment motion extending the appellate timetable, a notice of appeal is due ninety days after the date the judgment is signed. See TEX. R. APP. P. 26.1(a). If a party files a notice of appeal within fifteen days of the deadline, an appellate court can extend the deadline if the party files a motion complying with Rule 10.5(b). See TEX. R. APP. P. 10.5(b), 26.3. Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
Appellant is appealing from the trial court's judgment signed on December 15, 2016. In the motion to dismiss, appellee states that appellant filed a timely motion for new trial on January 17, 2017. See TEX. R. CIV. P. 4, 329b(a). Thus, the notice of appeal was due on March 15, 2017, ninety days after the date the judgment was signed. See TEX. R. APP. P. 26.1(a). Appellant filed a notice of appeal on March 21, 2017, six days past the deadline.
Appellee's motion to dismiss brought the issue of the untimely notice of appeal to appellant's attention. Appellant did not respond to the motion or file a motion for extension of time to file her notice of appeal with this Court. Accordingly, we grant appellee's motion and dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE 170290F.P05
JUDGMENT
On Appeal from the 366th Judicial District Court, Collin County, Texas
Trial Court Cause No. 366-55477-2015.
Opinion delivered by Justice Lang. Justices Myers and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee DAVID ORVAL PARKER, JR. recover his costs of this appeal from appellant SOMER JOY PARKER. Judgment entered this 25th day of April, 2017.